Terms and Conditions

TERMS OF BUSINESS 2014

 

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Terms of Business 2013


I.) GENERAL TERMS


1. The following terms of business apply to all journeys of Majestic Train Deluxe
GmbH, FN302000v [in short: MAJESTIC] organises and undertakes and to all
other services (organisation of events, etc.) offered in connection with these
journeys. Any deviations from these terms are only legally valid and binding if
they have been confirmed in writing by MAJESTIC managing director. Terms
which have been sent to MAJESTIC and differ from the company's terms of
business, or any oral agreements not confirmed in writing, are not legally valid or
binding.


2. All offers, contracts, confirmations, preparations, and the necessary supervision
to guarantee a perfect train, ride as well as all the invoicing will be handled at
MAJESTIC’s head office in Vienna.


3. All offers, when accepted by a client, only become valid after written
confirmation by MAJESTIC’s managing director.


4. As far as possible, MAJESTIC uses historical carriages for all journeys; given the
extensive maintenance required for such carriages, it may happen that one or the
other carriage is not available on request. Therefore MAJESTIC reserves the right
- before or even during a journey - for technical reasons to exchange these
carriages for others, which may be newer or offer a different design from the
originally selected one, without clients being able to set up a legal claim. The
same conditions apply to historical locomotives, which for technical reasons may
be exchanged for more modern locomotives with a different type of engine
(steam, electric, diesel).


5. As far as services beyond the charter of carriages and the organisation of journeys
are concerned, MAJESTIC is entitled to use the services of third parties.


6. You may change the number of passengers until 20 days before your departure
without extra cost (minimum number of passenger remains 20).


II.) TERMS OF PAYMENT


1. All prices are quoted in EURO. Any information provided in other currencies is
only to help clients to get a better understanding of our prices; such information is
not legally binding.


2. Payment conditions for charter travels: clients are asked to settle their account in
advance, according to the following terms:


10% of the total amount upon written acceptance of our offer


+ 20% of the total amount to be received by MAJESTIC 60 days prior to the
beginning of the journey
+ the remaining amount to be received no later than a fortnight prior to the
beginning of the journey
+ any possible additional charges to be paid immediately after receipt of the
final invoice.


3. Payment conditions for single tickets: clients are asked to settle their account
immediately upon receipt of invoice. Orders only come into effect upon punctual
payment. The client will then receive a binding order confirmation.

In case of no show according to IV. the ticket price will not be refunded.


4. Payments must be made in such a way that they are received by the deadlines
stated above.


5. If payment is not received in time, MAJESTIC is entitled to withdraw from the
deal.


III.) CANCELLATION FEES


1. Applies only to charter travels:

In addition to all cases provided by law, the client is entitled to withdraw from the
deal at any time. The cancellation has to be made in writing. In case of
cancellation by the client, MAJESTIC is entitled to the following cancellation
fees:


i. 10% of the total amount due if cancellation is received more than 60 days
prior to the beginning of the journey
ii. 30% of the total amount due if cancellation is received between 59 and 14
days prior to the beginning of the journey.
iii. 100 % of the total amount due if cancellation is received less than 14 days
prior to the beginning of the journey.


These fees are due and payable one day after the cancellation by the client has
been received by Majestic Imperator.


2. MAJESTIC is released from fulfilling the contract and is entitled to withdraw
from the contract by written declaration to the client if


• the fulfilment of the agreed performance is impeded by external, unpredictable
and by no reasonable means preventable circumstances (especially
governmental alignments, strikes, war or similar situations comparable to war,
epidemics, natural catastrophes, accidents, collaps of public law and order as
well as technical or organisational reasons which result in the fact that the
travel route is not traversable or the whole journey cannot not be executed)


• other parties involved in the contracted overall performance (especially other
railroad or bus establishments) impede the service delivery of the contracted
overall performance for whatever reasons.


IV.) NO-SHOW


“No-show" is when the client fails to appear for the departure because he has
decided not to travel or he misses the departure, due to circumstances or
negligence beyond his control. In such case the cancellation fees according to
III.1.iii apply


V.) WARRANTY AND INDEMNITY


1. If the journey or part of the journey or any of the services offered in connection
with it have to be changed or cancelled due to force majeure, the client is not
entitled to any compensation. Natural catastrophes, war, public unrest or
rebellion, acts of terrorism or threats thereof, a breakdown of public order,
technical or organisational difficulties, impassable tracks, or other reasons which
make the journey impossible, are to be considered as force majeure.


2. We do not and cannot warrant for the compliance with time tables presented to
us, because all regular trains, including regular freight trains, take precedence
over our special trains. Therefore we only warrant for transportation to a specific
destination, but not for the time of arrival. Therefore clients are not entitled to any
compensation or indemnity if we are unable to stick to our original time table and
to arrive at our destination at a specific time.


3. MAJESTIC is only liable for any kind of damage to, loss of, or destruction of any
personal property of our passengers, if such damage is caused wilfully and
knowingly or due to negligence by us or any third party we are legally
responsible for.


4. Passengers are forbidden to behave in an offensive or any other way which might
endanger the life or property of any other person. If a passenger disobeys this rule
or any necessary orders issued by MAJESTIC’s personnel on the train, he or she
is liable for any damage done to us or any third parties affected. Moreover, we
reserve the right to relegate such passengers without any compensation at any
train station of our choice during a regular stop of our train.


5. Our clients are liable for the behaviour of their own guests and business partners.


VI.) CHANGE OF PRICE


This issue is not applicable to contracts with consumers according to consumer
protection law.
MAJESCTIC reserves the right to increase the total price of the contract sum
confirmed upon the client´s order if the journey takes place more than 2 months
after the date of contract and if the increase does not amount up to more than 10%
of the initial price.


VII.) PHOTO AND VIDEO RIGHTS


The client agrees upon his booking of a MAJESTIC journey / event that
MAJESTIC can use any photo or video material of his person taken during this
MAJESTIC journey / event for its own advertising purpose and publications. The
client assigns his image rights to MAJESTIC free of charge and agrees to their
publications.
If a client does not agree with this settlement he must object against this article in
written form upon the closing of his contract.


VIII.) PLACE OF PERFORMANCE, GOVERNING LAW, AND
JURISDICTION CLAUSE


1. All claims MAJESTIC might have against its clients, including claims for
indemnity, have to be made in Vienna.


2. With respect to any dispute arising from or in connection with the contract, shall
be exclusively governed by Austrian law to the exclusion of the UN Convention
on Contracts for the International Sale of Goods (CISG) and any conflicts of law


3. All disputes arising due to or in connection with this contract have to the settled
at the respective court with commercial jurisdiction in the 1. district of Vienna.


Klosterneuburg, 1.04.2014

 

 

 

 

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